10M people watched a YouTuber shim a lock; the lock company sued him – bad idea
arstechnica.com
arstechnica.com
> Proven also made a highly unusual request: Would the judge please seal almost the entire court record—including the request to seal?
Tough at first then running away with the tail between their legs. Typical bullying behavior.
> but Proven complained about a “pattern of intimidation and harassment by individuals influenced by Defendant McNally’s content.”
They have to know it's generated by their own lawsuit and how they approached it, right? They can't be that oblivious to turn around and say "Judge, look at all the craziness this generated, we just have to seal the records!". It's like an ice-cream cone that licks itself.
> the case became a classic example of the Streisand Effect, in which the attempt to censor information can instead call attention to it.
A constant reminder to keep the people who don't know what they are doing (including the owners of the company!) from the social media.
He partnered with some radio program called radradio where the host had a lot of personal issues and the show ultimately got axed. The radio host was known for having issues with alcohol, but they kept partnering with him because he kept shilling their WeFunder. They've raised over $6m in SAFEs but considering they are $9m in debt, haven't broken $100k lifetime revenue after 7 years, and seem to have over a million a year burn rate, it's doubtful that the shares from those SAFEs (if ever executed) would ever be in the money.
Going on a tangent:
Depending on your industry, taking a while to see any revenue is common. Eg look into biotech or the people trying to make atomic fusion a reality.
Debt is just as valid a way to finance your company as equity is. See https://en.wikipedia.org/wiki/Modigliani%E2%80%93Miller_theo... for the theory.
That is true. But Sircles, which appears to be just another social recommendation app, is not in one of those industries.
Incredible
I'm just guessing based on the contents of the article, but it sounds like a typical "hard-fist founder-run company" so good luck convincing the founder to not sit on social media and argue their points.
Also:
> “Sucks to see how many people take everything they see online for face value,” one Proven employee wrote. “Sounds like a bunch of liberals lol.”
So when a great product is not a great product, it turns out to be great alone for the fact of being built by republicans.
I’ve also seen people use “liberal” as a literal curse word before. On one “reality show”, a member of the cast broke down while highly intoxicated and started screaming at other people saying:
“You’re worse than a beep! You’re a liberal”
It’s insane just how far the political divide has become.
When he published about this he was bombarded with messages from locksmiths complaining that they all knew about this and kept it secret for a reason! https://www.mattblaze.org/papers/kiss.html
It was a fascinating clash between computer security principles - disclose vulnerabilities - and physical locksmith culture, which was all about trade secrets.
[699BB20FD159089A03DD8935575805B1168A8E63 7.4G 1080 blu]
"I'm a locksmith, and I'm a locksmith."
Software was updated all the time, and it’s much more difficult to do that with locks.
When I quietly mentioned this, the response was that everyone knows this but we don’t talk about it.
When Mahmoud al-Mabhouh was assassinated with no signs of forced entry on his hotel room, let’s just say it wasn’t surprising. And no, I don’t think these security flaws are some conspiracy or by design - it’s simply the difficulty of updating firmware on 10 year old boards with a 20 year old design with millions of them out in the field. And they cost around $750 a piece to replace and that was back in 2010.
Maybe they used a master key system instead.
They expensed a sledgehammer and obtained the password through physical modification of the safe using a careful application of force. Some employees complained that meant the safe wasn't... well, safe.
The security team replied "Working as Intended" - no safe is truly safe, it's just designed to slow down an attacker. At that moment, I was enlightened.
The doors were heavy, 45-minute fire-rated security doors, aka "Fucking heavy doors that can cut your fingers just from inertia or wind.".
These doors had to be opened quickly in the middle of the night. There was no locksmith on call, but there were boilermakers. Supports and a chain were welded to the doors, and a T-Rex container mover was used to carefully pull the doors off the building.
The whole operation took less than an hour. Physical security is a matter of time and resources.
If there are any rated safes on Amazon, I can't find them. A real TL-30 1 cubic foot safe sells for about $2000 and weighs about 500 pounds. Amazon sells something that looks similar for about $100 and weighs about 15 pounds.
There's a separate set of ratings for fire protection, from the NFPA. Fire safes are much simpler. They have more insulating materials and less steel.
[1] https://www.vaultandsafe.com/vault-safe-classifications/
All Security
Hinges on the arrival
Of people with guns All security
is merely a fantasy
of mortal people.That's why one of the more advanced challenges in lock picking is to minimize the amount of evidence you leave. Eg even a normal pick can leave some scratches on and in the lock in different places than a normal key.
If I remember right, 'bumping' is an interesting technique partially because it leaves even less of a trace.
Folks come up with some super secure idea for securing my account and I think "Yeah but maybe I forget the thing ... I do still want to access it."
The same is true for locks and safes as well.
Being one of the few people who never had their bicycle stolen in a city where this is common, the trick that always works is: Just make your lock harder to attack than other locks that safeguard comparable things.
Good lock + old looking bicycle = no theft
Unless your stuff is unique and high stakes that means regular criminals won't pick you since the surrounding stuff looks more intersting and is the easier target."I parked my old, crappy bike and started locking it. Some guy went past and said, "Don't worry, love - no-one will nick that", and a passing crackhead said "I fuckin' would", and we three strangers shared a moment of humour together. "
Good lock¹ + old looking bicycle = no theft
¹ attached to solid fence or bicycle rackSometimes a single question tells you how the entire case is going to go.
After the video reached 1.5M views (over a couple years), the video was eventually demonetized (no official reason given). I suspect there was a similarly-frivolous DMCA / claim, but at that point in my life I didn't have any money (was worth negative) so I just accepted YouTube's ruling.
Eventually shut down the account, not wanting to help thieves bypass one of the most-common utility locks around — but definitely am in a position now where I understand that videos like mine and McNally's force manufacturers to actually improve their locks' securities/mechanisms.
It is lovely now to see that the tolerances on the #175 have been tightened enough that a paperclip no longer defeats the lock (at least non-destructively); but thin high-tensile picks still do the trick (of bypassing the lock) via the exact same mechanism.
Locks keep honest people honest, but to claim Master's products high security is inherently dishonest (e.g. in their advertising). Thievery is about ease of opportunity; if I were stealing from a jobsite with multiple lockboxes, the ones with Master locks would be attacked first (particularly wafer cylinders).
Most locks are only good if the attacker doesn't have any tools.
I never caught any big sharks like I thought, but now my wife runs a restaurant and occasionally employees just don't show up to work and leave things in their lockers. Once in a while it's clear it's to be annoying (locking supplies in their locker).
Never met a padlock or combination lock I couldn't shear through easily. Totally has paid for itself.
The Louvre security staff similarly just learned this lesson.
The main thing locks do is make it noisy to get in.
See https://www.youtube.com/channel/UCm9K6rby98W8JigLoZOh6FQ (LockPickingLawyer).
There went Uncanny X-Men 94 through 300.
Saw the same, except it was bolt cutters.
Similarly, I know the lock on my front door is not going to stop anyone who really wants to get inside, but it does stop drunk people or bored kids from wandering in because it's easy.
They are bringing in bolt cutters to locker rooms. The locker metal loop that the lock threads through is easier to cut than the lock. I've first hand seen lockers destroyed to remove the lock. Not while the break in is happening but it's easy piece the crime scene back together to understand their tools.
Manual bolt cutters are almost silent except for the "thunk" when it breaks the metal, and there are even battery operated bolt cutters that are quick and compact.
I have used a grinder to take off a bike lock (I owned the bike) in broad daylight in Downtown Denver on a main street. A local business even allowed me to use their power outlets. Not one person questioned me or asked me to see proof of ownership. I was fully prepared to have to deal with cops or at least a good samaritan, but nope, plenty of people watched me do the exact thing a bike thief would do and didn't ask any questions.
We broke into our own lockers the whole time with metal rulers back when I was in school because of forgotten keys or just because it was quicker opening them that way than actually unlocking and relocking them. (And of course the more students did this, the more worn the metal became and made it even easier the next time)
This even works with bigger padlocks, you just need two really big wrenches and a buddy to help you.
Without even exotic tools, what are the odds the door the lock is attached to will withstand a crowbar? Or the same mallet and force concentrator applied to the door/hinges/where the lock attaches?
This was an outdoor unit, the thieves came in over the fence (the barbed wire on the fence didn't slow them), and left the same way. If I had anything valuable, I'd keep it in an indoor unit where at least there's a locked door in the way.
Or, more realistically, to convince an insurer that we've made a token effort to keep them out.
Worth it for smarter crooks. I'm a former IBEW electrician, and I've seen both stranger and more-miraculous occurrences — but I've seen it all.
[0] https://www.uline.com/Product/Detail/H-10011/Tool-Storage/Kn...
The solution in the east bay seems to be “don’t use a valuable bike”
If you make too much noise people will get suspicious and might call the police.
Not a plasma cutter, but same power class, and certainly able to heat a padlock shank to melting. https://www.dewalt.com/product/0447800880/esab-renegade-volt...
It wouldn't be beyond the wit of man to hook that up to a biggish inverter and 24V worth of deep cycle batteries on a small trolley, maybe a wheelie suitcase.
Always be red-teaming.
A while back I was making a point about the border wall farce--and found everything I would need to do "portable" plasma cutting on said wall on Home Depot's website. Not pick it up type portable, but put it in a wagon type portable. (Generator, not batteries.)
This is why I don't like such black-and-white opinions... I think the answer is rarely so simple.
It's common in more upper-crust / educated circles to shit on people that use more course, black and white language. I believe it has more to do with cultural divide than misunderstanding that rare/corner cases exist.
In another recent exchange on HN, I was damned for using the word 'never.' They didn't even explain why, just said they wouldn't believe people that used it. I was using it in the redneck sense "you'll never get that girl" as in it's extremely unlikely to the point it's hardly worth even considering, rather than the nerded out version that it means the chance is literally precisely 0.
It's still online: https://cdn.preterhuman.net/texts/anarchy_and_privacy_contro...
Thanks for unlocking this memory for me!
If you were stealing from a job site you'd just bring bolt cutters.
It is impossible to attack the shackle, due to the recessed nature of the locking mechanisms. A torch might work... blasting out the keyway.
But on IBEW jobsites each lockbox contains around $10,000 of tools, within; most thefts are from other on-site trades, and lock-picking means you can blame it on the electricians since there's no signs of forced entry (I'm sure some of the apprentices do steal, particularly the lowly-compensated first semester "greenies").
But the electricians are still paying for it.
Granted, in this day and age, it's a disgrace to still make locks that can be shimmed. Especially when the shim-proof alternatives they show just have an additional notch to catch the shim.
This is arguably good PR, but a terrible response. Shimming is so quick and hard to detect that even if you had 24-7 video of the lock, you probably wouldn't notice that the lock had been shimmed. You would just assume that someone lost a key.
I wonder if anybody tried suing him…
I kinda want tvtropes to put a name on his slapstick humor. It's like looking over the shoulder of that weird uncle that seems to live in an entirely different world.
What's the non-coincidence?
I watched his video on high-security shipping container locks. Jeez, two minutes long? They must be tough!
No, it was two minutes long because he bypassed ten of them, one after the other.
I can hold a 18v grinder with a cutoff wheel just fine though, I lost the keys to one of those kryptonite locks on my bike and I was riding my bike again 30 seconds later.
Yeah, one of my conclusions after years of watching LPL is ironically to start buying cheaper locks.
The difference between a $3 and a $300 lock is just about a minute of time for an experienced lockpick. No lock is capable of dissuading a determined thief, but any lock is equally capable of dissuading a lazy one.
The other side is "career" thieves will know how to pop-can shim a lock but most of them are not going to use or break out a set of picks. One main reason it's an additional felony charge if you get caught using them. So a _slightly_ better lock is sometimes warranted for outdoor applications.
The final piece is they'll just steal a car and then drive that car through your shop front to get what they want. Up here in Northern California a gang pulled off the same heist as the movie "Casino." They drove a van up to a wall and then knocked out a small segment of the wall to gain entry.
How about non-experienced lockpick? Or the one who gonna brute force everything? I think there's value is expensive lock (Assume you buy the high quality one, not the over-price one)
Or in the case of targets with no neighbors like missile bases, you know approximately how long it might take an attacker to succeed, then put big guys with guns within that distance measured by time.
So I just fot a cheap wire combination lock, just so you can't just jump in the bike and ride away.
Physical locks are for honest people. They signify that something is not meant to be accessed and at best slow down someone actively trying to access the other side of the lock.
Most "normal" locks don't increase the cost too much but they do raise it - perhaps enough for a thief to pick another target, or perhaps enough for the thief to choose another method of entry such as kicking in the door (which itself comes with additional risk of detection).
I have a vehicle that is extremely simple to steal (you can unlock everything with a screwdriver), to protect it I use both a pedal lock, a secret second key and a steering wheel lock.
Will it defeat a determined thief or a team of thieves? No way. However it will put off most opportunists and slow down a more experienced thief enough that they may choose another target.
If I use my pretend upper well-to-do white guy rhetoric with precise and deep vocabulary, I can make claims with a lower likelihood someone will challenge it, even if they are equally well backed.
For those interested in the actual case, here's some deeper coverage of this bruhaha including how Lee may have perjured himself during deposition.
https://www.youtube.com/watch?v=NadPAE6BDbA
It is interesting to see that these companies still don't know about the Streisand Effect or they choose to think that it won't happen to them.
> The strange thing about the whole situation is that Proven actually knew how to respond constructively to the first McNally video. Its own response video opened with a bit of humor (the presenter drinks a can of Liquid Death), acknowledged the issue (“we’ve had a little bit of controversy in the last couple days”), and made clear that Proven could handle criticism (“we aren’t afraid of a little bit of feedback”).
> The video went on to show how their locks work and provided some context on shimming attacks and their likelihood of real-world use. It ended by showing how users concerned about shimming attacks could choose more expensive but more secure lock cores that should resist the technique.
Sounds to me like someone professional in the company with a cooler head was on this and was handling it well, but someone else higher up got angry and aggressive and decided that revenge was more important.
In practice, in addition to the usual bugs you would expect from a software-based system managed and maintained by a plethora of organizations and contractors, they tend to become very annoying as parts wear out, so you have to fiddle with the key reinserting it repeatedly trying to find just the right angle so it will make a good contact to be recognized by the lock (for example the iLOQ system by my landlord communicates over a thin contact strip molded into the key opposite of the cutting and separated from the rest of the key with a thin layer of plastic).
(for those missing out: https://en.wikipedia.org/wiki/AACS_encryption_key_controvers...)
But that was in a pre-DMCA world, before the anti-circumvention provisions gave these companies more legal weapons to criminalize fair use and competition.
How so? And what region are you referring to? There are many countries in the world with vastly different laws.
So, you are right, the laws in Micronesia, Palau and South Sudan might be vastly different.
Don't you live in a good neighborhood?
But where will you park your car when you go to work? You have to lock it.
I don't think that's a trusted environment or "good neighborhood". But then I basically use "can leave front door unlocked with zero worries" as the threshold for "trusted environment".
But those environments and neighborhoods definitively exists today across the world, although they're probably becoming less and less common.
Some people always go too far, undermining the good cause of the others
Don't challenge people. Don't insult people. Don't humiliate people. Don't threaten people. Allow them to maintain their self-respect even when they lose. Don't rub it in. Give them a face-saving exit.
Plenty of violence and aggression is caused by violation of the above rules. They seem simple but they're broken on a daily basis. Famous last words: "you don't have the guts".
https://www.courtlistener.com/docket/70036390/proven-industr...
Is it the job of an in-house lawyer (or any lawyer) to say that this appears to be a vexatious or SLAPP case, and the client should not pursue it?
Is there an ethical obligation not to get involved in a case that you know is being prosecuted in bad faith?
The bar there is very high. This case might be embarrassing but probably isn’t sanctionable. And the only lawyer that would get sanctioned would be the ones that signed the papers not the drone that hired them.
[0] https://www.youtube.com/watch?v=y3WVme9LAcQ&list=PLo0bMOObfk...
Someone : “Sucks to see how many people take everything they see online for face value,” one Proven employee wrote. “Sounds like a bunch of liberals lol.”
The company : Proven also had its lawyers file “multiple” DMCA takedown notices against the McNally video, claiming that its use of Proven’s promo video was copyright infringement.
When did facts and enlightenment started to be for "liberals lol" ?
Freedom of speech based on facts should be universal.
So yeah, reality is liberal nowadays
That their marketing is so edgy is just fun. I don't take it seriously, and it doesn't seem like they do either.
But Proven is definitely full of toxic masculinity internet tough guys.
It still feels wrong to me, but that's how it is.
It didn't. That's one employee of the company, who has a clear bias in the matter, being ridiculous. It has nothing to do with liberal ideology, nor critique of liberal ideology, nor whatever sort of person that employee thinks should be considered a "liberal", nor their ideology. It's only the employee who even suggests that, and probably not even seriously.
To be fair that's not what we have in USA. For instance, a nurse who never even signed a private privacy agreement with anyone (unusual, but could happen) could violate HIPAA if they factually tell a patient's spouse the patient is being treated for AIDS and they ought to watch out.
For what exactly would this fly-by-night nurse be telling me to “watch out,” in relation to my partner who’s living with and being treated for HIV?
One hopes this nurse, being medically trained and apparently working with vulnerable populations, understands the efficacy of the modern HIV therapies the patient is receiving. That, when managed, HIV is not transmissible by conventional marital means [0]; and that, until recently at least [also 0], concerted public health efforts have meant that most anyone who seeks medical attention ends up on those modern therapies.
That said, I hope said nurse would catch me in a charitable mood rather than a litigious one.
[0] https://www.cdc.gov/global-hiv-tb/php/our-approach/undetecta...
The correct support for a just cause must have been constructive: providing financial support for the defendant, public manifestation campaign, professional lobbying, etc
Although this time I agree with the defendant cause, the response by the public was as toxic bullying as the plaintiff, only stronger.
People can make fun of the company all they want. That’s fair game. They shouldn’t be calling the guy’s personal phone or harassing his family, that’s totally over the line.
But nothing happens. The behavior gets a pass so it continues to become more common. That passes for debate now.
Just like the fact we have agreed upon rules against using chemical weapons or attacking civilians in war (which some violate), the fact something is possible doesn’t mean society should accept it.
If we don’t have even the basic civility of not getting death threats over whatever minor thing someone on the internet is mad at, even mixing us up with their real target sharing our name, what’s left?
Everything becomes full force win at all costs, no matter how stupid or trivial. Who wants to live like that?
McNally obviously did the correct thing it seeking counsel and basically demolishing Proven's case in court. Too bad the SLAPP stuff doesn't work with DMCA takedowns.
And everyone else cheering on the sidelines (who isn't a paid shill of Proven's like the guy making the "liberal" comment)? Well giving Lee's company shit is fine IMHO. Call up the publicly available phone numbers, make service requests to flood his business etc. Fine with me. You poke the Internet bear, you get some claws.
As to the threats? If they actually occurred (which is questionable considering the BS Proven has been saying), then let the authorities know about them. That's not on McNally at all, it's more Lee being a jerk who doesn't know about the Streisand Effect, combined with social media companies that allow stuff like that to happen. It's also a good idea to not expose too much info about your personal life on social media that can be linked to your business, opsec ya know?
I think you're confusing who filed the lawsuit here. That was also the lock company owner as well (Lee/Proven).
While I agree that flash mob harassment from the Internet is a terrible dynamic, filing baseless lawsuits has been a longstanding way to predictably summon them. So if the table stakes of launching or defending these type of aggressive attacks have gone from a significant amount of money for attorneys, to a significant amount of money for attorneys plus public relations and/or having a large audience, does that really actually change much? Either way most people simply don't file lawsuits, even if they've been actually wronged, due to the extreme personal stress.
The straightforward way of diminishing mob justice is to make people believe the system provides justice. If we lived in a society where McNally would predictably win the lawsuit [0], and be predictably compensated for his expenses/time/emotionalDistress for being on the receiving end of this baseless SLAPP, then there would be much less mob outrage to begin with. As it stands, everyone can imagine themselves receiving these types of legal shakedown letters, but having much less power to push back.
[0] it sounds like this particular suit was slapped down pretty hard and "quick" by the standards of the legal system, but there are many similar cases that don't go this way
Emotionally I disagree with you. It feels like a bully is getting what a bully deserves. Logically, I think you are right though. Crowds just aren’t equipped to handle these situations. There are cases where the wisdom of the crowd is correct, but there are many more where it multiplies harms.
The underlying problem is that it never feels like justice is being served. Another comment mentions that there should be harsher punishment for false DMCAs. I don’t think the “wisdom of the crowd” approach is the best way to write those wrongs but I lament that modern justice has not been up to the task.
But I remembered that friend's locker (he was on holidays then) used US police code for murder. (Police in US use codes for crimes when communicating on the radio).
I googled the code, used friend's locker for the day, and by lunch the next day I've bruteforced through enough codes to learn that my code was the embarrassing 420.
- Receiver pin lock similar to the one highlighted here (but probably not that exact one) - Wheel lock / boot - Receiver coupler lock (locks inside the cup-shaped receiver, preventing somebody towing the trailer with an undersized ball) - Secured storage lot / garage
But, basically all options are only going to stop random opportunistic thieves. If somebody really wants whatever you're protecting, they'll find a way. That's why insurance exists.
YouTube’s TOS would be the most critical place to begin in terms of evaluating legal options. To file a “DMCA” (not really DMCA but YT’s proprietary version of it) claimants generally have to create an account and agree to the TOS. So it may bind both parties (the YTer and the abusive DMCA claimant). That might limit legal options for anti-SLAPP, tortious interference, etc.
But without either significant legal expertise or someone finding some particularly relevant case law, it seems like a nuanced enough domain that no one’s lay “legal” opinion would be particularly illuminating.
So even if the case is clearly being used to strategicly silence you, it'll probably still work (from plaintiff's POV). Same for DMCA.
And then fine plaintiffs (and pay the defendants) that lose a summary dismissal, because if your case can be thrown out before trial, it was a shit case that should have never been filed in the first place.
Another way of responding to this is… to improve the lock?
Could even explore a positive collaborative social media campaign promoting the new lock.
Ship has sailed now…
There are cheaper locks if you don't care to defend against shimming.
Guess ML realizes it’s best to be humiliated online where a small subset of population would never buy their products anyways. Rather than humiliate themselves in public like Proven Industries did (Barbara Streisand effect?)
That’s are exactly the people who usually break locks. All others fail on simple locks too.
Gotta admit its entertaining, though.
The answer, as succinctly as possible: cognitive dissonance.
This is exhibited in every human endeavor, but it's particularly acute, or at least more apparent to simple analysis, in business. In business, anything that diminishes the perception of value is a threat to earnings. Business people don't tolerate the existence of such perceptions in their minds. They readily adopt whatever mental state is necessary to deny realities that reveal a lack of value in whatever work product they sell.
In this case, someone demonstrated a weakness in a lock design. In the minds of the business people behind the product, this is impossible. Their locks are awesome. Best locks in the world! Therefore, the only conceivable possibility permitted, in their minds, is fraud or some other actionable offense that can be feasibly pursued in court.
The role of lawyers in this is a symptom, not a cause. Lawyers are paid to exhibit the necessary cognitive dissonance their clients require. Whatever aberrations or iniquities arise from this are simply denied by yet more cognitive dissonance.
Thanks for answering this FAQ.
Businesses don't have to delude themselves to succeed either.
I don't know if that was the reasoning in this case though, considering that they didn't drop the lawsuit once it was clear that the youtuber wasn't going to give in to their demands.
God Bless McNally
I'd buy it.
There's no such thing as bad publicity. People say this for a reason. It's true. I'm willing to bet that their sales have only increased since this started.